2007 Oregon Code - Chapter 346 :: Chapter 346 - Programs for Persons Who Are Blind or Deaf
Chapter 346 —
Programs for Persons Who Are Blind or Deaf
2007 EDITION
PROGRAMS FOR PERSONS WHO ARE BLIND OR DEAF
EDUCATION AND CULTURE
TRAINING AND EDUCATION FACILITIES
(Generally)
346.010Â Â Â Â Training
and educational services for children who are deaf or blind
346.015Â Â Â Â Preparing
individual education plan prior to placement; consultation; declaration that
district cannot provide education; rules
346.017Â Â Â Â Enrollment
of nonresident students in schools permitted
346.019Â Â Â Â Educational
Facilities Fund
346.020Â Â Â Â Course
of instruction; personnel; authority over students; rules
346.030Â Â Â Â Application
for admission
346.035Â Â Â Â Annual
review of individual education plan for certain children
346.041Â Â Â Â Resident
district responsible for transportation of pupils; Special Education
Transportation Revolving Account
346.047Â Â Â Â Authority
of state board to hold property
346.055Â Â Â Â Trust
account for student funds
346.070Â Â Â Â Aid
to students who are deaf; rules
346.080Â Â Â Â Notice
to employees of reasonable assurance of continued employment; effect of failure
to give notice
(Board of Directors of
346.085Â Â Â Â Membership;
terms; compensation and expenses
346.087Â Â Â Â Organization;
quorum; meetings
346.089Â Â Â Â Duties
346.092Â Â Â Â Master
plan; reports
(Board of Directors of
346.097Â Â Â Â Membership;
terms; compensation and expenses
346.099Â Â Â Â Organization;
quorum; meetings
346.101Â Â Â Â Duties
346.104Â Â Â Â Master
plan; reports
COMMISSION FOR THE BLIND
346.110Â Â Â Â Definitions
for ORS 346.110 to 346.270
346.120Â Â Â Â Commission
for the Blind; purpose
346.130Â Â Â Â Commission
members; confirmation; meetings; compensation and expenses
346.140Â Â Â Â Administrator
and other employees
346.150Â Â Â Â Rules
and regulations
346.160Â Â Â Â Register
of persons who are blind
346.165Â Â Â Â Use
of official records
346.167Â Â Â Â Prohibited
uses of records
346.169Â Â Â Â Exchange
of public or private agency records
346.170Â Â Â Â Program
for conservation and restoration of sight and prevention of blindness; free eye
care
346.180Â Â Â Â Vocational
rehabilitation services
346.190Â Â Â Â Industries
for the Blind Program
346.210Â Â Â Â Supplying
materials and equipment to persons with visual impairment
346.220Â Â Â Â Preference
for products or services of persons with visual impairment in state purchases
346.230Â Â Â Â Commission
accounts; funds; appropriations; sales on credit
346.240Â Â Â Â Payment
of incidental expenses of commission
346.250Â Â Â Â Program
of social and educational services
346.260Â Â Â Â Cooperation
with Department of Human Services
346.265Â Â Â Â Authority
to cooperate with and receive grants from federal government
346.270Â Â Â Â Receipt
and expenditure of gifts and bequests
346.290Â Â Â Â Commission
for the Blind Account
346.300Â Â Â Â Criminal
records checks
VENDING FACILITIES ON PUBLIC PROPERTY
346.510Â Â Â Â Definitions
for ORS 346.510 to 346.570
346.520Â Â Â Â Persons
who are blind to operate vending facilities in public buildings or on public
property; charges prohibited; exception
346.530Â Â Â Â Notice
to commission on vending facilities locations; statement of reason for refusal
of commission offer
346.540Â Â Â Â Duties
of commission with respect to operation of vending facilities; rules
346.550Â Â Â Â Commodities
and articles that may be sold at vending facilities
346.560Â Â Â Â Operator
subject to applicable laws and ordinances
346.565Â Â Â Â Participation
in state health benefit plan and deferred compensation plan
346.570Â Â Â Â Rights
of persons operating vending facilities prior to August 20, 1957
ASSISTANCE DOGS FOR PERSONS WHO ARE BLIND OR
DEAF
346.610Â Â Â Â Definitions
for ORS 346.610 to 346.630
346.620Â Â Â Â Dog
guide in place of public accommodation or on public transportation for person
who is blind; liability
346.630Â Â Â Â Prohibition
against discriminating in renting housing because of dog guide; remedy
346.640Â Â Â Â Definitions
for ORS 346.640 to 346.660
346.650Â Â Â Â Hearing
ear dog in place of public accommodation or on public transportation for person
who is deaf; liability
346.660Â Â Â Â Prohibition
against discriminating in renting housing because of hearing ear dog; liability
ASSISTANCE ANIMALS FOR PERSONS WITH PHYSICAL
IMPAIRMENT
346.680Â Â Â Â Definitions
for ORS 346.680 to 346.690
346.685Â Â Â Â Rights
of person with physical impairment and trainer; prohibition on admission charge
for animal; access to transportation; liability for damage by animal
346.687Â Â Â Â Damages
recoverable for harm or theft of assistance animal
346.690Â Â Â Â Prohibition
against discrimination in renting housing because of assistance animal;
liability
PENALTIES
346.991Â Â Â Â Penalties
     346.001 [1969 c.597 §80a; repealed by 1971 c.301 §26]
     346.002 [1969 c.597 §80c; repealed by 1971 c.301 §26]
     346.003 [1969 c.597 §80e; repealed by 1971 c.301 §26]
     346.004 [1969 c.597 §80f; repealed by 1971 c.301 §26]
     346.005 [1969 c.597 §80g; repealed by 1971 c.301 §26]
TRAINING AND
EDUCATION FACILITIES
(Generally)
     346.010
Training and educational services for children who are deaf or blind. (1) Pursuant to rules of the State Board of
Education, the Superintendent of Public Instruction shall provide free training
and education services in schools located in
     (2) The Superintendent of Public
Instruction shall indicate which school shall serve as the
     (3) The superintendent may order a change
in all or part in the purpose and use of schools available under this section
whenever the superintendent determines that a change in purpose and use will
better enable the state to meet its responsibilities for the education and
training of children who are blind or deaf.
     (4) The schools shall be operated
primarily for the provision of education and training services for children who
are blind or deaf who cannot be efficiently served in other schools or
programs.
     (5) The Board of Directors of the
     Note: Section 72, chapter 858, Oregon Laws 2007,
provides:
     Sec.
72. Notwithstanding ORS
346.010 (5), the Board of Directors of the Oregon School for the Blind or the
Board of Directors of the Oregon School for the Deaf may appeal any decision of
the Superintendent of Public Instruction made under ORS 346.010 on or after
January 1, 2007, to the State Board of Education if the appeal is filed with
the State Board of Education within 60 days after the date of the first meeting
of the board of directors making the appeal. [2007 c.858 §72]
     346.015
Preparing individual education plan prior to placement; consultation;
declaration that district cannot provide education; rules. (1) Prior to convening a meeting to prepare
an individual education plan for a child with mental retardation or a developmental
disability for whom placement at a school under ORS 346.010 may be considered,
the agency that is providing the education for the child shall notify the local
community mental health and developmental disabilities program. The case
manager responsible for programs for children with mental retardation or
developmental disabilities, in consultation with the Department of Human
Services, shall evaluate whether the child also has needs for alternative
residential care or other support services. If the evaluation determines this
to be the case, but documents that community resources are not available to
meet these needs, the school district may proceed with the meeting to prepare
the individual education plan in which placement at a school under ORS 346.010
may be considered.
     (2) An agency providing education under
subsection (1) of this section may initiate the procedure in subsection (1) of
this section for any child who does not have mental retardation or a
developmental disability when in the agencyÂ’s judgment a treatment or
residential issue is prompting proposed placement under ORS 346.010.
     (3) A child may not be placed in a school
operated under ORS 346.010 unless the district superintendent or the
superintendentÂ’s designee has signed a statement declaring that the district
cannot provide a free appropriate public education for the child commensurate
with the needs of the child as identified by the individual education plan of
the child and that the school is the least restrictive environment in which the
child can be educated.
     (4) By rule, the State Board of Education
shall determine procedures to be followed by local education agencies in
carrying out this section. [1985 c.555 §5; 1989 c.491 §54; 2001 c.36 §2; 2001
c.900 §61; 2007 c.70 §114; 2007 c.858 §73]
     346.017
Enrollment of nonresident students in schools permitted. (1) Notwithstanding ORS 346.015, the
Superintendent of Public Instruction may enroll a student in the schools
operated under ORS 346.010 if the student is not a resident of
     (2) The superintendent may charge tuition
and fees to any student who is enrolled under this section.
     (3) A student who is enrolled under this
section is not considered a resident of any school district based on the
enrollment and attendance at the school. [1997 c.93 §1; 2007 c.858 §74]
     346.019
Educational Facilities Fund.
(1) There is established an Educational Facilities Fund, separate and distinct
from the General Fund. All tuition and fees collected under ORS 346.017 and all
expenses incurred in the administration of ORS 346.017 shall be deposited to
and borne by the fund. Interest earned by the fund shall be credited to the
fund.
     (2) The moneys in the fund are
appropriated continuously to the Department of Education for purposes of the
schools operated under ORS 346.010. [1997 c.93 §2; 2007 c.858 §75]
     346.020
Course of instruction; personnel; authority over students; rules. (1) The Superintendent of Public Instruction
shall prescribe the course of instruction for students enrolled in schools
operated under ORS 346.010. The State Board of Education shall determine the
procedures for placement, development of services and operation of the schools
in conformance with state and federal laws relating to children who are
eligible for special education and shall adopt the procedures by rule.
     (2) In consultation with the Board of
Directors of the
     (3) The Superintendent of Public
Instruction shall have control over persons enrolled in the schools and shall
direct their care and promote their mental, moral and physical welfare.
     (4) The Board of Directors of the Oregon
School for the Blind or the Board of Directors of the Oregon School for the
Deaf may appeal a decision of the Superintendent of Public Instruction to the
State Board of Education if the decision was made under subsection (2) of this
section and relates to the selection or dismissal of the director of a school.
An appeal under this subsection must be filed with the State Board of Education
within 60 days of the date of the decision by the superintendent. The State
Board of Education may uphold, modify or overturn any decision of the
superintendent under this section. [Amended by 1965 c.100 §445; 1969 c.597 §80h;
1971 c.301 §3; 1989 c.265 §3; 1991 c.631 §2; 2007 c.858 §76]
     346.030
Application for admission.
Application for admission to the schools operated under ORS 346.010 shall be
made to the Department of Education. Application shall be made on forms which
are provided by the department. [Amended by 1965 c.100 §446; 1969 c.597 §80i; 1971
c.301 §4; 2007 c.858 §77]
     346.035
Annual review of individual education plan for certain children. For a child who is enrolled under ORS
346.010 and who has mental retardation or a developmental disability, the
Department of Education shall notify the community mental health and
developmental disabilities program of the date of the annual review of the
individual education plan of the child for the purpose of including in the
review the assigned case managerÂ’s assessment of community resources that are
available for treatment or residential needs the child might have. [1985 c.555 §6;
2007 c.70 §115]
     346.040 [Amended by 1965 c.100 §447; 1971 c.301 §5;
1979 c.639 §1; 1981 c.222 §1; repealed by 1991 c.631 §5]
     346.041
Resident district responsible for transportation of pupils; Special Education
Transportation Revolving Account. (1) Transportation for pupils attending schools under ORS 346.010 is
the responsibility of the pupilÂ’s resident school district. The district may
provide transportation directly or by agreement with another school district, a
public carrier or the Department of Education.
     (2) The actual and necessary
transportation expenses incurred under subsection (1) of this section, at a
frequency consistent with a pupilÂ’s individual education plan, shall be
considered approved transportation costs for purposes of ORS 327.006 and
327.033.
     (3) The resident school district shall
reimburse the Department of Education for all transportation costs the
department incurs on behalf of the district within 10 days after receipt of the
itemized invoice.
     (4) The payments of the resident school
districts required under subsection (3) of this section and an amount
specifically appropriated thereto shall be deposited in the State Treasury to
the credit of the Special Education Transportation Revolving Account to be used
by the Department of Education for the transportation of pupils attending
schools under ORS 346.010. The account shall be continuously appropriated to
the department for such purpose.
     (5) Any unexpended and unobligated balance
in the Special Education Transportation Revolving Account in excess of $70,000
as of September 1 of any year shall be transferred from the account to the
General Fund to be available for general governmental purposes. [1991 c.631 §3;
2007 c.858 §78]
     346.042 [1979 c.639 §3; repealed by 1991 c.631 §5]
     346.045 [1969 c.58 §1; 1971 c.301 §6; 1979 c.639 §2;
1989 c.491 §55; repealed by 1991 c.631 §5]
     346.047
Authority of state board to hold property. The State Board of Education may receive, take and hold property, both
real and personal for any school operated under ORS 346.010 and may sell,
transfer, assign, allot, set over or convey the property pursuant to
legislative authority. [1971 c.301 §9; 1989 c.491 §56; 2007 c.858 §79]
     346.049 [1971 c.301 §10; repealed by 1991 c.631 §5]
     346.050 [Amended by 1965 c.100 §448; 1969 c.597 §80j;
repealed by 1971 c.301 §26]
     346.051 [1971 c.301 §11; 1989 c.491 §57; repealed by
1991 c.631 §5]
     346.053 [1971 c.301 §12; repealed by 1991 c.631 §5]
     346.055
Trust account for student funds. (1) When the Department of Education has in possession or under
control, in a bank account or otherwise, funds that are the property of the
students enrolled in schools operated under ORS 346.010 or that have been
deposited for their use or for expenditure in their behalf, the department
shall deposit such funds, as they are received, together with any such funds as
heretofore have accumulated, with the State Treasurer as a trust account,
separate and distinct from the General Fund. Interest earned by the account
shall be credited to the account.
     (2) As used in this section, “funds”
includes but is not limited to moneys deposited with the department for medical
care or assistance of students, moneys derived from athletic activities,
contributions for athletic, health, or recreation projects, and any other
moneys received by the department that are not required by law to be credited
to other state funds or accounts.
     (3) The department is authorized to receive
any of the funds referred to in this section. The State Treasurer shall carry
such funds in separate accounts for such schools, but may not credit such funds
or any part thereof to any state fund for governmental purposes.
     (4) Disbursements from the accounts for
the purposes for which the contributions or payments were made, and for payment
to persons lawfully entitled thereto, may be made by the department, by checks
or orders drawn upon the State Treasurer. The department shall be accountable for
the proper handling of the accounts. [1971 c.301 §13; 1989 c.966 §28; 2007
c.858 §80]
     346.060 [Amended by 1957 c.182 §1; 1959 c.176 §1;
1961 c.484 §1; 1963 c.597 §1; 1965 c.100 §449; 1965 c.469 §1; 1969 c.597 §80k;
1971 c.301 §7; 1971 c.435 §1; repealed by 1973 c.713 §8]
     346.070
Aid to students who are deaf; rules. (1) Subject to subsection (3) of this section, every student who is
deaf and who has been a resident of Oregon for the three years immediately
preceding application and who is attending any university, college or other
suitable school is eligible to apply for a state grant-in-aid to help defray
approved expenses. If the studentÂ’s application for a grant-in-aid is approved
by the Superintendent of Public Instruction, the Department of Education may
make the grant-in-aid contingent upon the studentÂ’s attending a school of the
superintendentÂ’s choice.
     (2) The grants-in-aid shall not exceed
$1,000 to any student for any fiscal year and shall be paid out of any funds
appropriated to the department for that purpose. The State Board of Education
may adopt rules necessary to carry out this section.
     (3) A student who is deaf may not receive
a grant-in-aid under subsection (1) of this section for a period exceeding
seven years. [Amended by 1957 c.336 §1; 1959 c.175 §1; 1965 c.100 §450; 1969
c.597 §80L; 1971 c.301 §8; 1977 c.750 §1; 1989 c.491 §58; 2007 c.70 §116]
     346.080
Notice to employees of reasonable assurance of continued employment; effect of
failure to give notice. The
Department of Education shall give the notice required by ORS 332.554 to all
classified employees of the
(Board of
Directors of
     346.085
Membership; terms; compensation and expenses. (1) There is established a Board of Directors of the Oregon School for
the Deaf, consisting of seven members of whom at least four are persons who are
deaf. The members shall be appointed by the Governor as follows:
     (a) One member who has attended the
     (b) One member who is deaf;
     (c) One member who is a professional with
experience working with persons who are deaf;
     (d) One member who is a professional with
experience working with regional programs for persons who are deaf;
     (e) One member of the business community;
and
     (f) Two members who are parents of a child
who is deaf.
     (2) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired term.
     (3) A member of the board is not entitled
to compensation but may be reimbursed for expenses as provided in ORS 292.495. [2007
c.858 §47]
     Note: Section 48, chapter 858, Oregon Laws 2007,
provides:
     Sec.
48. (1) The Board of
Directors of the Oregon School for the Deaf shall be appointed within 60 days
of the effective date of this 2007 Act [July 31, 2007].
     (2) Notwithstanding the term of office
specified by section 47 [346.085] of this 2007 Act, of the members first
appointed to the board:
     (a) One shall serve for a term ending July
1, 2008.
     (b) Two shall serve for terms ending July
1, 2009.
     (c) Two shall serve for terms ending July
1, 2010.
     (d) Two shall serve for terms ending July
1, 2011. [2007 c.858 §48]
     346.087
Organization; quorum; meetings.
(1) The Board of Directors of the
     (2) A majority of the members of the board
constitutes a quorum for the transaction of business.
     (3) The board shall meet at times and
places specified by the call of the chairperson or of a majority of the members
of the board. [2007 c.858 §49]
     346.089
Duties. The Board of
Directors of the
     (1) Periodically, in conjunction with the
Department of Education, conduct a comprehensive review of policies and
procedures of the Oregon School for the Deaf and of the state that relate to
programs, services and employment of staff for the school;
     (2) Make recommendations to the
Superintendent of Public Instruction about policies and procedures of the
school that relate to programs, services and employment of staff for the
school;
     (3) Establish an interview committee as
necessary to provide advice to the Superintendent of Public Instruction on the
hiring of a director for the school;
     (4) Make recommendations to the
superintendent about candidates for the director position;
     (5) Make recommendations to the department
about the schoolÂ’s budget and funding requests; and
     (6) Make recommendations to the department
about the expenditure of private donations and grants received by the
department on behalf of the school. [2007 c.858 §50]
     346.092
Master plan; reports. (1)
The Board of Directors of the
     (2) The board shall include the input of
stakeholders in the school in the development of the plan, including school
districts, education service districts, students, graduates of the school and
parents and guardians of students at the school.
     (3) The plan shall include, but not be
limited to, recommendations for:
     (a) Procedures for systematically
measuring the schoolÂ’s progress toward meeting its objectives;
     (b) Procedures for analyzing changes in
student population and modifying school programs and services to respond to the
changes; and
     (c) The delivery of the school’s services
to school districts and education service districts.
     (4) The plan shall honor deaf culture.
     (5) The plan shall be in effect for a
period of five years and shall be reviewed for needed modification every two
years.
     (6) Prior to February 1 of each
odd-numbered year, the board shall submit the plan to the Superintendent of
Public Instruction and the Legislative Assembly. The board shall also include
the plan in the presentation to the Joint Legislative Committee on Ways and
Means on the budget of the school. [2007 c.858 §51]
(Board of
Directors of
     346.097
Membership; terms; compensation and expenses. (1) There is established a Board of Directors of the Oregon School for
the Blind, consisting of seven members of whom at least three are persons who
are blind. The members shall be appointed by the Governor as follows:
     (a) One member who has attended the
     (b) One member who is a professional with
experience working with regional programs for persons who are blind;
     (c) One member of the business community;
     (d) One member who is a parent of a child
who is blind;
     (e) One member who serves on the
Commission for the Blind or who is a staff person of the commission; and
     (f) Two members who represent consumer
groups that focus on issues relating to persons who are blind.
     (2) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired term.
     (3) A member of the board is not entitled
to compensation but may be reimbursed for expenses as provided in ORS 292.495. [2007
c.858 §52]
     Note: Section 53, chapter 858, Oregon Laws 2007,
provides:
     Sec.
53. (1) The Board of
Directors of the Oregon School for the Blind shall be appointed within 60 days
of the effective date of this 2007 Act [July 31, 2007].
     (2) Notwithstanding the term of office
specified by section 52 [346.097] of this 2007 Act, of the members first
appointed to the board:
     (a) One shall serve for a term ending July
1, 2008.
     (b) Two shall serve for terms ending July
1, 2009.
     (c) Two shall serve for terms ending July
1, 2010.
     (d) Two shall serve for terms ending July
1, 2011. [2007 c.858 §53]
     346.099
Organization; quorum; meetings.
(1) The Board of Directors of the
     (2) A majority of the members of the board
constitutes a quorum for the transaction of business.
     (3) The board shall meet at times and
places specified by the call of the chairperson or of a majority of the members
of the board. [2007 c.858 §54]
     346.101
Duties. The Board of
Directors of the
     (1) Periodically, in conjunction the
Department of Education, conduct a comprehensive review of policies and
procedures of the Oregon School for the Blind and of the state that relate to
programs, services and employment of staff for the school;
     (2) Make recommendations to the
Superintendent of Public Instruction about policies and procedures of the
school that relate to programs, services and employment of staff for the
school;
     (3) Establish an interview committee as
necessary to provide advice to the Superintendent of Public Instruction on the
hiring of a director for the school;
     (4) Make recommendations to the
superintendent about candidates for the director position;
     (5) Make recommendations to the department
about the schoolÂ’s budget and funding requests; and
     (6) Make recommendations to the department
about the expenditure of private donations and grants received by the
department on behalf of the school. [2007 c.858 §55]
     346.104
Master plan; reports. (1)
The Board of Directors of the
     (2) The board shall include the input of
stakeholders in the school in the development of the plan, including school
districts, education service districts, students, graduates of the school and
parents and guardians of students at the school.
     (3) The plan shall include, but not be
limited to, recommendations for:
     (a) Procedures for systematically measuring
the schoolÂ’s progress toward meeting its objectives;
     (b) Procedures for analyzing changes in
student population and modifying school programs and services to respond to the
changes; and
     (c) The delivery of the school’s services
to school districts and education service districts.
     (4) The plan shall honor blind culture.
     (5) The plan shall be in effect for a
period of five years and shall be reviewed for needed modification every two
years.
     (6) Prior to February 1 of each
odd-numbered year, the board shall submit the plan to the Superintendent of
Public Instruction and the Legislative Assembly. The board shall also include
the plan in the presentation to the Joint Legislative Committee on Ways and
Means on the budget of the school. [2007 c.858 §56]
COMMISSION
FOR THE BLIND
     346.110
Definitions for ORS 346.110 to 346.270. As used in ORS 346.110 to 346.270:
     (1) “Commission” means the Commission for
the Blind.
     (2) “Person who is blind” means a person
whose central visual acuity does not exceed 20/200 in the better eye with best
correction or whose visual acuity, if better than 20/200, is accompanied by a
limit to the field of vision to such a degree that its widest diameter subtends
an angle of no greater than 20 degrees.
     (3) “Person with a visual impairment”
includes a person who is blind or has seriously impaired vision or who has a
condition that might lead to blindness. [Amended by 1975 c.638 §1; 1989 c.224 §58;
2007 c.70 §117]
     346.120
Commission for the Blind; purpose. There is created a commission for persons who are blind and for the
prevention of blindness, to be known as the Commission for the Blind. The
commission shall:
     (1) Establish and be responsible for the
administration of a program or programs for persons who are blind which will promote,
in the manner set forth in ORS 346.110 to 346.270, the welfare of persons with
visual impairments, including but not limited to cooperation by contract or
otherwise with public and private agencies in providing services, programs and
facilities for persons with visual impairments.
     (2) Be responsible for the fiscal
oversight of the commission, which includes but is not limited to:
     (a) Regular review of financial statements
of the commission;
     (b) Participation in the development of
the budget for the commission; and
     (c) Directing the resources of the
commission to implement program goals. [Amended by 1973 c.713 §1; 1975 c.374 §1;
1989 c.224 §59; 2001 c.354 §1; 2007 c.70 §118]
     346.130
Commission members; confirmation; meetings; compensation and expenses. (1) The Commission for the Blind shall be
appointed by the Governor and shall consist of seven members:
     (a) Four members who are qualified persons
within the legal definition of persons who are blind; and
     (b) Three members appointed from among the
areas of employers, labor, optometry, ophthalmology, and education of persons
who are blind. However, no more than one appointee shall represent the same
area during the same term. To the greatest extent possible, appointments from
the five areas shall be made on a rotating basis.
     (2) The term of office of a member of the
commission is two years. Vacancy in the office of a member shall be filled by
the Governor for the unexpired term. Any member who is absent from three
consecutive commission meetings or more than one-third of the scheduled
meetings in one year shall be removed from office and the Governor shall fill
the vacancy for the unexpired term. A person may not serve on the commission
for more than three consecutive terms of one year or more in length.
     (3) All appointments of members of the
commission by the Governor are subject to confirmation by the Senate in the
manner provided in ORS 171.562 and 171.565.
     (4) The commission shall hold meetings at
least once every two months and such additional meetings as it may deem
necessary.
     (5) Each member is entitled to
compensation and expenses as provided in ORS 292.495. [Amended by 1957 c.294 §1;
1965 c.100 §451; 1965 c.522 §1; 1969 c.314 §23; 1973 c.792 §10; 1975 c.638 §2;
1977 c.731 §1; 1979 c.411 §1; 2007 c.70 §119]
     346.135 [1977 c.731 §3; 1979 c.411 §2; repealed by
1993 c.742 §80]
     346.140
Administrator and other employees. The Commission for the Blind shall employ an administrator and such
other persons as may be necessary and fix their compensation, except as such
compensation otherwise may be regulated by law. [Amended by 1973 c.713 §2]
     346.150
Rules and regulations. (1)
The Commission for the Blind may make and promulgate rules and regulations
reasonably necessary or proper to carry out the provisions of ORS 346.110 to
346.270.
     (2) The commission shall make and enforce
reasonable rules and regulations governing the custody, use and preservation of
the records, papers, files and communications of the commission. The use of
such records, papers, files and communications by any other agency or
department of government or person to which they may be furnished shall be
limited to purposes for which they are furnished and by the provisions of law
under which they may be furnished. [Subsection (2) enacted as 1971 c.312 §2]
     346.160
Register of persons who are blind. The Commission for the Blind shall cause to be compiled and maintained
as complete as possible a register of persons in Oregon who are blind, which
shall describe the extent of blindness, cause of blindness and such other facts
in regard to each person so registered as the commission may deem advisable. [Amended
by 2007 c.70 §120]
     346.165
Use of official records. (1)
The Commission for the Blind may not disclose or use the contents of the
register of persons who are blind filed and maintained under the provisions of
ORS 346.160, or any records, files, papers or communications for purposes other
than those directly connected with the programs administered by the commission,
and the register of persons who are blind, the records, files, papers and
communications are considered confidential.
     (2) Notwithstanding subsection (1) of this
section, ORS 346.150 (2) and 346.167, the minutes and records of official
actions of the Commission for the Blind, its payroll, books of account and
accounts of expenditures are public writings available for inspection in the
manner provided in ORS 192.410 to 192.505. [1971 c.312 §§3,5; 1983 c.740 §113;
2007 c.70 §121]
     346.167
Prohibited uses of records.
No person or agency shall solicit, disclose, receive, make use of, or
authorize, knowingly permit, participate in or acquiesce in the use of any
lists or names for commercial or political purposes of any nature, or for any
purpose not directly connected with the administration of programs administered
by the Commission for the Blind. [1971 c.312 §4]
     346.169
Exchange of public or private agency records. (1) Notwithstanding the provisions of ORS 346.165 and 346.167,
whenever a person who is blind or blind and deaf requests any public or private
agency to exchange with another agency the records of the agency concerning the
person making the request, the agency shall furnish the records to the
designated agency.
     (2) The request made under subsection (1)
of this section may be made by a guardian of the person who is blind or blind
and deaf.
     (3) As used in this section, “record”
includes name and address of the person who is blind or blind and deaf, medical
and psychological records, and other information designated by the person
requesting the exchange of records.
     (4) Where appropriate, a request for an
exchange of records made under the provisions of this section shall be subject
to the confidentiality and access provisions of ORS 179.495, 326.565, 326.575,
336.187, 341.290, 344.600, 411.320, 419B.035 and 419B.045. [1975 c.597 §1; 1993
c.546 §103; 2007 c.70 §122]
     Note: 346.169 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 346 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     346.170
Program for conservation and restoration of sight and prevention of blindness;
free eye care. (1) The
Commission for the Blind shall maintain a program for the conservation and
restoration of sight and the prevention of blindness, the objects of which
shall be to inaugurate and cooperate in such measures for the prevention of
blindness in
     (2) The commission in its discretion may
arrange for and pay for the examination of the eyes of individual persons with
visual impairments and may obtain and pay for medical and surgical treatment
and glasses for such persons. [Amended by 1973 c.713 §3; 1975 c.638 §3; 2007
c.70 §123]
     346.180
Vocational rehabilitation services. The Commission for the Blind shall maintain a program of vocational
rehabilitation services. The object of the program shall be to aid persons with
visual impairments in finding employment, to provide such physical restoration
as will increase their employability, to establish a program of small business
enterprises in which such persons are able to work, to establish individual
programs of college and university instruction, also training in trades and
occupations which may be followed in their homes and elsewhere, to cooperate
with the United States Government in vocational rehabilitation programs for
persons who are blind, including establishment of small business enterprises
for them in buildings owned or rented by the federal government and to assist
persons with visual impairments, in whatever manner may seem advisable to the
commission, in disposing of the products of their industries. [Amended by 1975
c.638 §4; 1989 c.224 §60; 2007 c.70 §124]
     346.190
Industries for the Blind Program. (1) The Commission for the Blind shall establish and maintain a
program of industries for persons who are blind. For that purpose, it shall
equip and operate one or more training centers, one or more workshops and home
industry activities for the employment of suitable persons who are blind, and
may devise ways and means for the sale and distribution of the products and
services of the Industries for the Blind Program. The commission may conduct
such investigation and research as it may deem advisable in selecting new types
of industries suitable for workers with visual impairments.
     (2) The commission shall pay workers with
visual impairments who have completed their training suitable compensation for
their work in the Industries for the Blind Program. The services performed by
workers within the Industries for the Blind Program shall be considered
services for a nonprofit organization.
     (3) The commission may employ persons
without visual impairments as workers in the Industries for the Blind Program
as necessary to operate the program, to the extent that such persons do not
constitute more than 25 percent of the total workforce of the program. The
services performed by such persons shall be considered services for a nonprofit
organization.
     (4) Except for those persons employed in a
supervisory or administrative capacity:
     (a) ORS chapter 240 does not apply to
workers in the Industries for the Blind Program. However, the commission may
allow vacation and sick leave to the employees of the Industries for the Blind
Program consistent with the schedules established under the State Personnel
Relations Law.
     (b) Notwithstanding ORS 238.015, a worker
in the Industries for the Blind Program working on July 21, 1973, shall become
a member of the Public Employees Retirement System at the beginning of the
first full pay period after the worker has completed 12 monthsÂ’ service
uninterrupted by a total of more than 30 working days during the 12 monthsÂ’
period. This subsection shall not apply nor extend to workers entering the
Industries for the Blind Program after July 21, 1973.
     (5) As used in this section, “nonprofit
organization” means an organization, or group of organizations, described in
section 501(c)(3) of the Internal Revenue Code that is exempt from income tax
under section 501(a) of the Internal Revenue Code. [Amended by 1957 c.190 §1;
1967 c.535 §1; 1969 c.240 §2; 1973 c.713 §4; 1979 c.468 §33; 1989 c.224 §61;
2005 c.218 §16; 2007 c.70 §125]
     346.200 [Repealed by 1973 c.713 §8]
     346.210
Supplying materials and equipment to persons with visual impairment. The Commission for the Blind may, whenever
it deems proper, aid persons with visual impairments or groups of such persons
by supplying materials, equipment or machinery to them, and also may assist
them in the sale and distribution of their products. The ownership of the
materials, equipment or machinery supplied to persons with visual impairments
may be transferred to such persons by the commission. [Amended by 1975 c.638 §5;
1977 c.277 §1; 1989 c.224 §62; 2007 c.70 §126]
     346.220
Preference for products or services of persons with visual impairment in state
purchases. Whenever any of
the products or services, including operation of vending facilities as defined
in ORS 346.510, of persons with visual impairments, produced under the
supervision and direction of the Commission for the Blind, meet the
requirements of any state department or institution as to quality, quantity and
price, such products or services shall have preference and the state
departments and institutions shall purchase from the commission such products
or services as may be required. [Amended by 1975 c.638 §6; 1989 c.224 §63; 2007
c.70 §127]
     346.230
Commission accounts; funds; appropriations; sales on credit. (1) The Commission for the Blind shall keep
separate books of accounts for its industries. All negotiable funds received by
the commission from the sale of any products made at its workshops, or from the
sale of products made under its supervision to which it has title, shall be
paid into the State Treasury and by that office kept separate and apart from
other funds. Funds so paid in shall be paid out only on warrants of the Oregon
Department of Administrative Services, based on duly verified vouchers, as
other claims are paid, for the support and maintenance of the industries, the
payment of workers in such industries, the purchase of real estate, the
planning, construction and remodeling of buildings for workshops and the
carrying on of the work of the commission. The sums of money so paid in are
continuously appropriated to the commission for the purposes stated.
     (2) Subject to any other applicable law
regulating the sale of goods on credit, the commission may sell products on
credit as well as for cash. [Amended by 1959 c.98 §1; 1961 c.484 §2; 1983 c.740
§114; 2005 c.755 §23]
     346.235 [1959 c.98 §3; repealed by 1965 c.448 §4]
     346.240
Payment of incidental expenses of commission. The Oregon Department of Administrative Services may, from time to
time, as may be necessary, draw a warrant in favor of the Commission for the
Blind for a sum not exceeding $1,500 in any one amount, but not in any event in
excess of the amount paid into the State Treasury under ORS 346.230, to be used
for the purpose of paying for postage, expressage, freight, telegraph,
telephone and other incidental expenses for which payment must be made in cash.
The commission shall file with the Oregon Department of Administrative
Services, from time to time, vouchers therefor. Before the commission shall
receive any moneys to be expended for incidental expenses, the commission shall
designate the person to whom the funds shall be paid. [Amended by 1973 c.713 §5;
1983 c.740 §115]
     346.250
Program of social and educational services. The Commission for the Blind may establish a program of social and
educational services for the purpose of ameliorating the condition of persons
with visual impairments by providing instruction that will assist them in
making the best possible adjustment to conditions resulting from loss or
impairment of sight, as the commission may deem advisable. Special courses of
instruction and training may be established at training centers and workshops
for persons with visual impairments that shall include home economics,
household mechanics, orientation to better living and such other instruction as
will contribute to the economic and social adjustment of persons with visual
impairments. Persons with whom persons with visual impairments are living may,
whenever the commission deems necessary, be given instruction that will assist
them in caring for such persons with visual impairments. The commission through
this program also shall cooperate with the Library of Congress and other
agencies in the distribution of talking-book machines, sound-reproducing
equipment and other devices designed for the use of persons who are blind, and
from time to time may cause to be made and distributed to persons in this state
who have visual impairments specially recorded subjects and Braille publications.
[Amended by 1973 c.713 §6; 1989 c.224 §64; 2007 c.70 §128]
     346.260
Cooperation with Department of Human Services. The Commission for the Blind shall:
     (1) Cooperate with the Department of Human
Services in the administration of programs for persons who are blind; and
     (2) When requested by the department, make
an investigation of an applicant eligible for programs for persons who are
blind and make recommendations to the department regarding services for the
applicant and the employability of the applicant. [Amended by 2001 c.355 §1;
2007 c.70 §129]
     346.265
Authority to cooperate with and receive grants from federal government. In addition to its other powers, the
Commission for the Blind may enter into agreements with, join with or accept
grants from, the federal government for cooperative research, demonstration
projects and personnel training programs. The commission is designated the
state agency to receive any other federal funds available for the furtherance
of the programs under the administration of the commission. [1961 c.484 §5]
     346.270
Receipt and expenditure of gifts and bequests. The Commission for the Blind may receive
moneys by gift or bequest and expend the moneys for any of the objects and
purposes of the commission under ORS 346.120. Moneys received under this
section shall be deposited with the State Treasurer in an account separate and
distinct from the General Fund. Interest earned by the account shall be
credited to the account. [Amended by 1965 c.100 §452; 1975 c.605 §18; 1989 c.966
§29]
     346.280 [Repealed by 1975 c.605 §33]
     346.290
Commission for the Blind Account. (1) There is established in the General Fund of the State Treasury an
account to be known as the Commission for the Blind Account. Except for
Industries for the Blind Program funds designated in ORS 346.230 and funds made
available to the commission under ORS 346.270 or deposited pursuant to ORS
346.540, all moneys received by the commission for promoting the welfare of
persons with visual impairments shall be paid into the State Treasury and
credited to the Commission for the Blind Account. All moneys in the Commission
for the Blind Account hereby are appropriated continuously for and shall be
used by the commission for the respective purposes authorized by law.
     (2) The Commission for the Blind shall
keep a record of all moneys deposited in the Commission for the Blind Account.
The record shall indicate by separate cumulative accounts the source from which
the moneys are derived and the individual activity or program against which
each withdrawal is charged. [1963 c.381 §3; 1973 c.713 §7; 1975 c.471 §2; 1981
c.271 §1; 1989 c.224 §65; 2007 c.70 §130]
     346.300
Criminal records checks. For
the purpose of requesting a state or nationwide criminal records check under
ORS 181.534, the Commission for the Blind may require the fingerprints of a
person who:
     (1)(a) Is employed or applying for
employment by the commission; or
     (b) Provides services or seeks to provide
services to the commission as a volunteer; and
     (2) Is, or will be, working or providing
services in a position:
     (a) In which the person has or will have
access to information that is confidential under state or federal laws, rules
or regulations; or
     (b) In which the person has direct contact
with people who are served by the commission. [2007 c.619 §2]
     346.310 [Repealed by 1973 c.713 §8]
     346.320 [Amended by 1961 c.484 §3; repealed by 1973
c.713 §8]
     346.330 [Repealed by 1957 c.190 §2]
     346.340 [Repealed by 1973 c.713 §8]
     346.350 [Repealed by 1955 c.112 §1]
     346.360 [Amended by 1967 c.335 §40; repealed by 1973
c.713 §8]
     346.370 [Repealed by 1957 c.190 §2]
     346.380 [Repealed by 1957 c.190 §2]
     346.390 [Repealed by 1957 c.190 §2]
VENDING
FACILITIES ON PUBLIC PROPERTY
     346.510
Definitions for ORS 346.510 to 346.570. As used in ORS 346.510 to 346.570, the term:
     (1) “Operator” means the individual person
who is blind and who is responsible for the day-to-day conduct of the vending
facility operation.
     (2) “Person who is blind” means a person
having not more than 20/200 visual acuity in the better eye with best
correction or whose visual acuity, if better than 20/200, is accompanied by a
limit to the field of vision to such a degree that its widest diameter subtends
an angle of no greater than 20 degrees. Such blindness shall be certified by a
licensed physician who specializes in diseases of the eye.
     (3) “Public building” or “property” means
any building, land or other real property, owned, leased or occupied by any
department or agency of the State of Oregon or any of its political
subdivisions except public elementary and secondary schools.
     (4) “Vending facility” means:
     (a) Such shelters, counters, shelving,
display and wall cases, refrigerating apparatus and other appropriate auxiliary
equipment as are necessary or customarily used for the vending of such articles
as may be approved by the Commission for the Blind and the agency having care,
custody and control of the building or property in or on which the vending
facility is located;
     (b) Manual or coin operated vending
machines or similar devices for vending such articles; or
     (c) Cafeterias or snack bars for the
dispensing of food stuffs and beverages. [1957 c.295 §2; 1975 c.638 §7; 2007
c.70 §131]
     346.520
Persons who are blind to operate vending facilities in public buildings or on
public property; charges prohibited; exception. (1) For the purposes of providing persons
who are blind with remunerative employment, enlarging the economic
opportunities of those persons and stimulating them to greater efforts to make
themselves self-supporting with independent livelihoods, persons who are blind
and who are licensed under the provisions of ORS 346.510 to 346.570 by the
Commission for the Blind, as set forth in ORS 346.510 to 346.570, shall operate
vending facilities in or on any public buildings or properties where, in the
discretion of the head of the department or agency in charge of the maintenance
of such buildings or properties, such vending facilities may properly and
satisfactorily operate.
     (2) Notwithstanding ORS 276.385, the
department or agency in charge of the maintenance of a public building or
property in or on which a vending facility is operated under ORS 346.510 to
346.570 may not charge the Commission for the Blind or persons who are blind
and who are licensed under the provisions of ORS 346.510 to 346.570 any amount
for:
     (a) Rental of the space in or on which the
vending facility is operated; or
     (b) Utility costs incurred in the
operation of the vending facility.
     (3) Subsection (2) of this section does
not apply to charges imposed by the Department of Transportation. Subject to
the availability of funds, the department may refrain from charging any amount
for rental of space or utility costs described in subsection (2) of this
section. [1957 c.295 §1; 1975 c.638 §8; 2003 c.268 §1; 2007 c.70 §132]
     346.530
Notice to commission on vending facilities locations; statement of reason for
refusal of commission offer.
(1) Each head of the department or agency in charge of the maintenance of public
buildings or properties shall:
     (a) Periodically notify the Commission for
the Blind in writing of any and all existing locations where vending facilities
are in operation or where vending facilities might properly and satisfactorily
be operated.
     (b) Not less than 30 days prior to the
reactivation, leasing, re-leasing, licensing or issuance of permit for
operation of any vending facility, inform the Commission for the Blind of such
contemplated action.
     (c) Inform the Commission for the Blind of
any locations where such vending facilities are planned or might properly and
satisfactorily be operated in or about other public buildings or properties as
may now or thereafter come under the jurisdiction of the department or agency
for maintenance, such information to be given not less than 30 days prior to
leasing, re-leasing, licensing or issuance of permit for operation of any
vending facility in such public building or on such property.
     (2) If the Commission for the Blind makes
an offer to operate a vending facility under the provisions of this section and
the offer is not accepted for reasons other than the decision to have no
vending facility on the premises, such head of the department or agency shall
notify the commission in writing of the reasons for refusing its offer,
including but not limited to the terms and conditions of the offer which was
accepted, if any.
     (3) Any contract or agreement entered into
subsequent to July 1, 1975, which is not in compliance with or in violation of
ORS 346.220 and 346.510 to 346.570, shall be null and void. [1957 c.295 §3;
1965 c.471 §1; 1975 c.638 §9]
     346.540
Duties of commission with respect to operation of vending facilities; rules. (1) The Commission for the Blind shall:
     (a) Make surveys of public buildings or properties
to determine their suitability as locations for vending facilities to be
operated by persons who are blind and advise the heads of departments or
agencies charged with the maintenance of such buildings or properties as to
their findings.
     (b) With the consent of the head of the
department or agency charged with the maintenance of the buildings or
properties, establish vending facilities in those locations which the
Commission for the Blind has determined to be suitable, and may enter into
leases or licensing agreements therefor.
     (c) Select, train, license and install
qualified persons who are blind as managers of such vending facilities.
     (d) Adopt rules as it may from time to
time deem necessary to assure the proper and satisfactory operation of such
vending facilities, and for the benefit of vending facility operators.
     (e) Provide for the continued operation of
established vending facilities if a qualified person who is blind is not
available until a qualified person who is blind is available for assignment as
manager.
     (2) If the head of the department or
agency charged with the maintenance of buildings or properties does not consent
to the establishment of vending facilities in locations in the building or on
the property which were determined suitable by the commission, that person
shall inform the commission in writing of the reasons why consent is not given.
     (3) The commission may establish in the
State Treasury a fund from the net proceeds of the operation of vending
facilities. Moneys so deposited including the interest thereon shall be
credited by the State Treasurer to a special checking account, separate and
distinct from the General Fund. Disbursement may be made by check signed by the
person designated by the commission. The fund shall be used for the purposes of
and are continuously appropriated for maintenance and replacement of equipment,
management services, assuring a fair minimum of return to vendors, or for such
other purposes necessary and proper for the benefit of operators of vending
facilities. Interest earned by the account shall be credited to the account. [1957
c.295 §4; 1965 c.471 §2; 1975 c.638 §10; 1981 c.271 §2; 1989 c.966 §30; 2007
c.70 §133]
     346.550
Commodities and articles that may be sold at vending facilities. A vending facility operated under the
provisions of ORS 346.510 to 346.570 shall be used solely for the vending of
such commodities and articles as may be approved by the Commission for the
Blind and by the head of the department or agency in charge of the maintenance
of the building or property in or on which such facility is operated. [1957
c.295 §5; 1975 c.638 §11]
     346.560
Operator subject to applicable laws and ordinances. The operator of each vending facility
operated under the provisions of ORS 346.510 to 346.570 shall be subject to the
provisions of any and all laws and ordinances applying within the territory
within which such facility is located including those requiring a license or
permit for the conduct of such business or any particular aspect thereof. [1957
c.295 §6; 1975 c.638 §12]
     346.565
Participation in state health benefit plan and deferred compensation plan. (1) A business enterprise manager who is
blind, as described under ORS 346.510 to 346.570, or a person who is blind who
is an employee of a private nonprofit Oregon corporation established and
authorized by the Commission for the Blind to provide employment to persons who
are blind may participate in a health benefit plan available to state employees
pursuant to ORS 243.105 to 243.285 at the expense of the manager or employee.
     (2) A business enterprise manager who is
blind, as described under ORS 346.510 to 346.570, may participate in state
deferred compensation plan established under ORS 243.401 to 243.507, contingent
on participation not affecting the tax exempt status of other contributions to
the deferred compensation plan.
     (3) For the purposes of subsections (1)
and (2) of this section, such managers and employees shall be considered
eligible state employees. [1991 c.577 §2; 1997 c.179 §28; 1997 c.222 §51; 2007
c.70 §134]
     346.570
Rights of persons operating vending facilities prior to August 20, 1957. (1) Those individuals who are operating
vending facilities in public buildings or on public properties, as defined in
ORS 346.510 prior to August 20, 1957, shall not be affected by ORS 346.510 to
346.570, except and only insofar as provided in ORS 346.530 (2).
     (2) Any person who is blind and who is
presently operating a vending facility in or on public buildings or properties
and who desires to make use of the advantages of the program authorized by ORS
346.510 to 346.570 shall have the right to do so; and, in such instance, the
Commission for the Blind may negotiate and consummate arrangements for the
purchase of such vending facility equipment as it may deem necessary for the
satisfactory operation of the vending facility. [1957 c.295 §7; 1975 c.638 §13;
1987 c.158 §61; 2007 c.70 §135]
ASSISTANCE
DOGS FOR PERSONS WHO ARE BLIND OR DEAF
     346.610
Definitions for ORS 346.610 to 346.630. As used in ORS 346.610 to 346.630:
     (1) “Dog guide” means a dog that is
wearing a dog guide harness and is trained to lead or guide a person who is
blind.
     (2) “Dog guide trainee” means a dog
undergoing training to lead or guide a person who is blind.
     (3) “Mode of transportation” means any
mode of public transportation operating within this state except for parlor,
lounge, or club car of a common carrier by railroad.
     (4) “Person who is blind” means a person
who has vision of 20/200 or less with the best correction or has a visual field
of 20 degrees or less.
     (5) “Public accommodation” means a place
of public accommodation as defined in ORS 659A.400.
     (6) “Trainer” means a person who trains
dogs to lead or guide persons who are blind. [1967 c.259 §1; 1971 c.87 §1; 1973
c.714 §12; 1981 c.771 §1; 2007 c.70 §136]
     346.620
Dog guide in place of public accommodation or on public transportation for
person who is blind; liability.
(1) A person who is blind has the right to have a dog guide with the person, and
a trainer has the right to have a dog guide or dog guide trainee with the
trainer, in any place of public accommodation or on any mode of transportation
so long as the person or trainer controls the behavior of the dog.
     (2) A trainer or a person who is blind is
not required to pay an additional fee or admission charge for the dog guide.
     (3) A trainer or a person who is blind is
liable for any damages done to a place of public accommodation or to any mode
of transportation by the dog guide. [1967 c.259 §2; 1971 c.87 §2; part
renumbered 346.991; 2007 c.70 §137]
     346.630
Prohibition against discriminating in renting housing because of dog guide;
remedy. (1) A landlord, as
defined in ORS 90.100, may not refuse to rent a dwelling unit, as defined in
ORS 90.100, to a person who is blind on the basis of the personÂ’s use or
possession of a dog guide.
     (2) A person who is blind has a cause of
action to recover compensatory damages or $200, whichever is greater, from any
landlord, as defined in ORS 90.100, who refuses to rent a dwelling unit, or who
charges additional rent, on the basis of the personÂ’s use or possession of a
dog guide. The court may award reasonable attorney fees to the prevailing party
in an action under this section.
     (3) A person who is blind is not required
to pay an additional nonrefundable fee or an excessive deposit for the dog
guide.
     (4) A person who is blind is liable for
any damages done to the dwelling unit by the dog guide. [1975 c.256 §8; 1981
c.179 §1; 1993 c.369 §35; 1995 c.618 §67; 2007 c.70 §138]
     346.640
Definitions for ORS 346.640 to 346.660. As used in ORS 346.640 to 346.660:
     (1) “Person who is deaf” means a person
whose hearing disability precludes successful processing of linguistic
information through audition with or without a hearing aid.
     (2) “Hearing ear dog” means a dog that is
on an orange leash and that is trained to assist a person who is deaf.
     (3) “Hearing ear dog trainee” means a dog
undergoing training to assist a person who is deaf.
     (4) “Mode of transportation” means any
mode of public transportation operating within this state except for parlor,
lounge, or club car of a common carrier by railroad.
     (5) “Public accommodation” means a place
of public accommodation as defined in ORS 659A.400. [1981 c.771 §3; 2007 c.70 §139]
     346.650
Hearing ear dog in place of public accommodation or on public transportation
for person who is deaf; liability. (1) A person who is deaf has the right to have a hearing ear dog with
the person, and a trainer of a hearing ear dog has the right to have the
hearing ear dog or hearing ear dog trainee with the trainer, in any place of
public accommodation or on any mode of transportation so long as the person or
trainer controls the behavior of the dog.
     (2) A trainer of a hearing ear dog or a
person who is deaf is not required to pay an additional fee or admission charge
for the hearing ear dog.
     (3) A trainer of a hearing ear dog or a
person who is deaf is liable for any damages done to a place of public
accommodation or to any mode of transportation by the hearing ear dog. [1981
c.771 §4; 2007 c.70 §140]
     346.660
Prohibition against discriminating in renting housing because of hearing ear
dog; liability. (1) A
landlord, as defined in ORS 90.100, may not refuse to rent a dwelling unit, as
defined in ORS 90.100, to a person who is deaf on the basis of the use or
possession of a hearing ear dog.
     (2) A person who is deaf is not required
to pay an additional nonrefundable fee for the hearing ear dog.
     (3) A person who is deaf is liable for any
damages done to the dwelling unit by the hearing ear dog. [1981 c.771 §5; 1993
c.369 §36; 2007 c.70 §141]
ASSISTANCE
ANIMALS FOR PERSONS WITH PHYSICAL IMPAIRMENT
     346.680
Definitions for ORS 346.680 to 346.690. As used in ORS 346.680 to 346.690:
     (1) “Assistance animal” means any animal
trained to assist a person with a physical impairment in one or more daily life
activities, including but not limited to:
     (a) Dog guides, as defined in ORS 346.610;
     (b) Hearing ear dogs, as defined in ORS
346.640;
     (c) An animal trained to pull a
wheelchair;
     (d) An animal trained to fetch dropped
items; and
     (e) An animal trained to perform balance
work.
     (2) “Assistance animal trainee” means any
animal undergoing training to assist a person with a physical impairment.
     (3) “Daily life activity” includes but is
not limited to:
     (a) Self-care;
     (b) Ambulation;
     (c) Communication; or
     (d) Transportation.
     (4) “Mode of transportation” means any
mode of transportation operating within this state.
     (5) “Person with a physical impairment”
means any person who has a permanent physical impairment, whose physical
impairment limits one or more of daily life activities and who has a record of
impairment and is regarded by health care practitioners as having such an
impairment, requiring the use of an assistance animal including but not limited
to blindness, deafness and complete or partial paralysis.
     (6) “Public accommodation” means a place
of public accommodation as defined in ORS 659A.400 including but not limited to
educational institutions, airlines and restaurants. The exception stated in ORS
659A.400 (2) is not an exception under ORS 90.390 and 346.680 to 346.690. [1989
c.336 §1; 1993 c.369 §37; 1995 c.79 §189; 2007 c.70 §142]
     346.685
Rights of person with physical impairment and trainer; prohibition on admission
charge for animal; access to transportation; liability for damage by animal. (1) A person with a physical impairment has
the right to have an assistance animal with the person, and a trainer has the
right to have an assistance animal or assistance animal trainee with the
trainer, in any place of public accommodation or on any mode of transportation
so long as the person or trainer controls the behavior of the animal.
     (2) A trainer or a person with a physical
impairment is not required to pay an additional fee or admission charge for the
assistance animal.
     (3) The assistance animal shall be allowed
to accompany its owner in an ambulance or other mode of transportation in the
event of a medical emergency. If the owner is unconscious, the assistance
animal shall be placed in an emergency veterinary clinic until the person
regains consciousness and can make arrangements for the animal, or a relative
responsible for the injured person is contacted and can make arrangements for
the animal, or until the injured person dies, in which case the authorities
will attempt to contact the school, where the animal was trained, for further
action.
     (4) A trainer or a person with a physical
impairment is liable for any damages done to a place of public accommodation or
to any mode of transportation by the assistance animal. [1989 c.336 §2; 2007
c.70 §143]
     346.687
Damages recoverable for harm or theft of assistance animal. (1) In addition to and not in lieu of any
other penalty provided by state law, a person with a physical impairment who
uses an assistance animal or the owner of an assistance animal may bring an
action for economic and noneconomic damages against any person who steals or,
without provocation, attacks the assistance animal. The person with a physical
impairment or owner may also bring an action for such damages against the owner
of any animal that, without provocation, attacks an assistance animal. The
action authorized by this subsection may be brought by the person with a
physical impairment or owner even if the assistance animal was in the custody
or under the supervision of another person when the theft or attack occurred.
     (2) If the theft of or unprovoked attack
on an assistance animal described in subsection (1) of this section results in
the death of the animal or the animal is not returned or if injuries sustained
in the theft or attack prevent the animal from returning to service as an
assistance animal, the measure of economic damages shall include, but need not
be limited to, the replacement value of an equally trained assistance animal,
without any differentiation for the age or the experience of the animal. In
addition, the person with a physical impairment or owner may recover any other
costs and expenses, including, but not limited to, costs of temporary
replacement assistance services, whether provided by another assistance animal
or a person, incurred as a result of the theft of or injury to the animal.
     (3) If the theft of or unprovoked attack
on an assistance animal described in subsection (1) of this section results in
injuries from which the animal recovers and returns to service, or if the
animal is stolen but is recovered and returns to service, the measure of
economic damages shall include, but need not be limited to, the veterinary
medical expenses, costs of temporary replacement assistance services, whether
provided by another assistance animal or a person, and any other costs and
expenses incurred by the person with a physical impairment or owner as a result
of the theft of or injury to the animal.
     (4) A cause of action does not arise under
this section if the person with a physical impairment, owner or the person
having custody or supervision of the assistance animal was committing a
criminal or civil trespass at the time of the theft of or attack on the
assistance animal.
     (5) The court shall award reasonable
attorney fees to the prevailing plaintiff in an action under this section. The
court may award reasonable attorney fees and expert witness fees incurred by a
defendant who prevails in the action if the court determines that the plaintiff
had no objectively reasonable basis for asserting a claim or no objectively
reasonable basis for appealing an adverse decision of a trial court. [1993
c.312 §2; 1995 c.618 §68; 2007 c.70 §144]
     346.690
Prohibition against discrimination in renting housing because of assistance
animal; liability. (1) A
landlord, as defined in ORS 90.100, may not refuse to rent a dwelling unit, as
defined in ORS 90.100, to a person with a physical impairment on the basis of
the personÂ’s use or possession of an assistance animal.
     (2) A person with a physical impairment
has a cause of action to recover compensatory damages or $200, whichever is
greater, from any landlord who refuses to rent a dwelling unit, or who charges
additional rent, on the basis of the personÂ’s use or possession of an
assistance animal. The court shall award reasonable attorney fees to the
prevailing plaintiff in an action under this section. The court may award
reasonable attorney fees and expert witness fees incurred by a defendant who
prevails in the action if the court determines that the plaintiff had no
objectively reasonable basis for asserting a claim or no objectively reasonable
basis for appealing an adverse decision of a trial court.
     (3) A person with a physical impairment is
not required to pay an additional nonrefundable fee or an excessive deposit for
the assistance animal.
     (4) A person with a physical impairment is
liable for any damages done to the dwelling unit by the assistance animal. [1989
c.336 §3; 1995 c.618 §69; 2007 c.70 §145]
PENALTIES
     346.990 [Repealed by 1965 c.100 §456]
     346.991
Penalties. (1) Violation of
ORS 346.167 is punishable, upon conviction, by a fine of not more than $1,000
or by imprisonment in the county jail for not more than 60 days, or both.
     (2) Violation of ORS 346.620 (1) or (2) is
a Class C misdemeanor.
     (3) Violation of ORS 346.650 or 346.660 is
a Class C misdemeanor.
     (4) Violations of ORS 346.680 to 346.690
are subject to the penalties provided in subsections (1) to (3) of this
section. [Subsection (1) enacted as 1971 c.312 §6; subsection (2) derived from
346.620; 1981 c.771 §2; subsection (3) enacted as 1981 c.771 §6; subsection (4)
enacted as 1989 c.336 §5; 1993 c.369 §38; 2003 c.378 §33]
_______________
CHAPTER 347
[Reserved for expansion]
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